Laird v. Carton
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Andrew B. Carton, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 23d day of March, 1909, denying the said defendant’s motion to vacate and set aside ah order attaching his salary and issuing a writ of execution against the same, pursuant to section 1391 of the Code of Civil Procedure.
1Opinion of the Court
Ingraham, J.:
The plaintiff ,recovered a judgment against the defendant Andrew B. Carton which was entered and docketed in the office of the clerk of the county of the Hew York on the 29th of April, 1908, for $5'59.25. Execution having been issued upon this judgment and returned unsatisfied the plaintiff on January 28,1909, obtained an ex parte order allowing an execution 'to issue' against the salary due or to grow due to the judgment debtor from his employer óf ten per cent of such salary. Such application was granted under the provisions of section 1391 of the Code of Civil Procedure, as…
2Cases cited1 opinion
- Kelly v. MulcahyAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by6 opinions
- In re the Estate of RossNew York Surrogate's Court · 1921
- Bayliss v. Ryan, New York County Courts1909
- Bayliss v. RyanNew York County Court, Erie County · 1909
- Brearley School, Ltd. v. WardAppellate Terms of the Supreme Court of New York · 1910
- Garvey v. LarneyNew York Supreme Court · 1909
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